THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHITE, BRENNAN, BROWN, D. COSTA, FABRIZIO, GIBBONS, HORNAMAN, KORTZ, LONGIETTI, MANN, McILVAINE SMITH, MELIO, PALLONE, PASHINSKI, SABATINA, SIPTROTH, K. SMITH, VULAKOVICH, WALKO AND CALTIGIRONE, FEBRUARY 18, 2009

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 20, 2009   

AN ACT

Amending the act of May 2, 1947 (P.L.143, No.62), entitled "An

act regulating the sale and resale for profit and the

carrying on of the business of selling or reselling tickets

or other devices for admission to places of amusement;

providing for the licensing of persons reselling such tickets

for profit; providing for the suspension and revocation of

such licenses; imposing duties on licensees and owners or

operators of places of amusement; imposing powers and duties

on the Department of Revenue, county treasurers, district

attorneys, and the receiver of taxes, and city solicitors in

cities of the first class; making disposition of moneys

collected and providing penalties," further providing for

definitions; and providing for ticket purchasing software and

<--

for penalties definitions; prohibiting use of certain ticket

<--

purchasing software; and prescribing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.   Section 1 of the act of May 2, 1947 (P.L.143,

No.62), entitled "An act regulating the sale and resale for

profit and the carrying on of the business of selling or

reselling tickets or other devices for admission to places of

amusement; providing for the licensing of persons reselling such

tickets for profit; providing for the suspension and revocation

of such licenses; imposing duties on licensees and owners or

operators of places of amusement; imposing powers and duties on

the Department of Revenue, county treasurers, district

attorneys, and the receiver of taxes, and city solicitors in

cities of the first class; making disposition of moneys

collected and providing penalties," is amended by adding a  

<--

definition definitions to read:

<--

Section 1.  Definitions.--

The following words and phrases when used in this act shall

have the meanings ascribed to them in this section:

* * *

(12)  "Ticket purchasing software."  Computer software used

<--

to purchase multiple tickets in an automated fashion from an

Internet website which sells tickets to amusements or places of

amusement. primarily designed for the purpose of interfering

<--

with the operations of a ticket seller by circumventing:

(i)  a security measure of the ticket seller's Internet

website;

(ii)  an access control system of the ticket seller's

Internet website; or

(iii)  any function or operation of the ticket seller's

Internet website designed to ensure that the sale of tickets,

including, but not limited to, the number of tickets sold to a

single purchaser, occurs in an equitable manner for members of

the public.

(13) "Ticket seller."  A person who has executed a written

agreement with an owner to sell, over the Internet, tickets to

an amusement.

Section 2.  The act is amended by adding a section to read:

Section 12.1.  Ticket Purchasing Software; Violation.--(a)  

<--

It is unlawful for any person knowingly to sell, give, possess,

use or otherwise distribute or possess with the intent to sell,

give or distribute ticket purchasing software that is primarily

designed or produced for the purpose of interfering with the

operations of any ticket seller that sells, over the Internet,

tickets of admission to a sporting event, theater, musical

performance or place of public entertainment or amusement of any

kind by circumventing any security measures on the ticket

seller's website, circumventing any access control systems of

the ticket seller's website or circumventing any controls or

measures that are instituted by the ticket seller on its website

to ensure an equitable ticket buying process.

(b)  For purposes of this section, "ticket seller" means any

person that has executed a written agreement with the management

of any venue for a sporting event, theater, musical performance

or public entertainment or amusement of any kind to sell tickets

to the event over the Internet.

(c)  Any person who violates this section commits a

misdemeanor of the third degree. Every acquisition, sale or

offer for sale constitutes a separate violation.

Section 12.1.  Unlawful Ticket Purchasing Software.--(a)  It

<--

is unlawful for a person to knowingly use ticket purchasing

software and acquire tickets from a ticket seller, if the

tickets would not have been acquired by the person but for the

use of the ticket purchasing software.

(b)  A person who violates this section commits a misdemeanor

and shall, upon conviction, be sentenced to a fine of five

thousand dollars ($5,000). Each ticket acquired through the use

of ticket purchasing software in violation of this section

constitutes a separate offense.

(d) (c)  The court, in imposing a sentence, shall order

<--

restitution pursuant to 18 Pa.C.S. § 1106 (relating to

restitution for injuries to person or property).

Section 3.  This act shall take effect immediately.